This instrument is the Offshore Electricity Infrastructure Amendment (Overlapping Applications) Regulations 2024.

(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this instrument	The day after this instrument is registered.	14 December 2024

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3 Authority

This instrument is made under the Offshore Electricity Infrastructure Act 2021.

4 Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Offshore Electricity Infrastructure Regulations 2022

1 After paragraph 10(2)(b)

Insert:

(ba) describe the area proposed to be covered by the feasibility licence:

(i) by providing, in a manner consistent with Geocentric Datum of Australia 1994 as defined in Gazette No. 35 of 6 September 1995 (GDA94 geocentric data set), a detailed map of the area, specifying the geographical coordinates of the area and including shapefiles; or

(ii) by describing the area as otherwise provided by the approved form; and

2 After section 11

Insert:

11A Overlapping applications of unequal merit

(1) This section applies if:

(a) applications for feasibility licences are made in response to an invitation made by the Minister under section 9; and

(b) at least one application overlaps at least one other application made in response to that invitation.

(2) If an application (the particular application) for a feasibility licence overlaps at least one other application, the Minister must not offer or grant the feasibility licence if:

(a) the Minister exercises the Minister’s discretion under subsection 11(2) to determine an overlapping application group in response to the invitation, being an overlapping application group that does not include the particular application; and

(b) the only reason the particular application is not included in the overlapping application group is because the Minister considers it to be of lower merit than the other applications in the overlapping application group.

(3) If, after considering whether to determine that a group of applications (the initial group) that satisfies paragraphs 11(2)(b), (c) and (d) forms an overlapping application group, the Minister does not make the determination only because one application in the initial group is of higher merit than all of the others, the Minister must not offer or grant a feasibility licence in respect of any of the other applications in the initial group.

(4) Nothing in this section prevents the Minister offering or granting a feasibility licence if the application for the feasibility licence is not included in an overlapping application group for a reason other than the reason mentioned in paragraph (2)(b) or subsection (3) of this section.

Example 1: Applications A, B, C, D and E relate to a declared area. Application A overlaps application B and application B overlaps application C. The applications satisfy paragraphs 11(2)(b) to (d), but application C is of lower merit than applications A and B. The Minister determines an overlapping application group that includes applications A and B, but not application C. The Minister must not offer or grant a feasibility licence in respect of application C.

Applications D and E overlap, but neither overlaps application A, B or C. Application E is of lower merit than application D. The Minister cannot determine an overlapping application group that includes applications D and E.

Further, application D cannot be included in the overlapping application group that includes applications A and B, because there is no overlap between applications A, B and D (so paragraphs 11(2)(b) and (c) are not satisfied).

This section does not prevent the Minister offering or granting a feasibility licence in respect of application D, because paragraph (2)(b) of this section is not satisfied in respect of application D.

Example 2: Applications F, G, H and I relate to a declared area. Application F overlaps application G. Application G also overlaps application H. Application H also overlaps application I. Application H is of lower merit than applications F, G and I. The Minister determines an overlapping application group that includes applications F and G, but not application H, because it is of lower merit. The Minister must not offer or grant a feasibility licence in respect of application H. Application I does not overlap application F or G, so it cannot be included in the overlapping application group, because paragraphs 11(2)(b) and (c) are not satisfied. This section does not prevent the Minister offering or granting a feasibility licence in respect of application I, because paragraph (2)(b) of this section is not satisfied in respect of application I.

3 Paragraph 27(3)(b)

After “for the licence”, insert “(see also subsection (4) for feasibility licences)”.

4 At the end of section 27

Add:

(4) The licence area specified under paragraph (3)(b) for a feasibility licence must be the same as:

(a) the area described in the application for the feasibility licence (see paragraph 10(2)(ba)); or

(b) if the application for the feasibility licence has been revised and resubmitted under section 12 in accordance with section 13—the area described in the revised and resubmitted application.

5 At the end of Part 14

Add:

165 Application of amendments made by the Offshore Electricity Infrastructure Amendment (Overlapping Applications) Regulations 2024

The amendments made by Schedule 1 to the Offshore Electricity Infrastructure Amendment (Overlapping Applications) Regulations 2024 apply in relation to an application made on or after the commencement of that Schedule.